Quick Hits-Porn and Other Public Uses
"What I'm hearing is that so long as a defendant can articulate a public use," Judge Levy asked, eminent domain is "per se constitutional?""Your honor, I would say yes," Mr. Braun said, adding that "the role of the court really disappears" beyond conducting that initial review.
This answer did not seem to satisfy Judge Levy. Soon thereafter, he put forward a hypothetical: What if developers wanted to seize 22 acres of private property and build luxury housing on 21 acres of it and place a school on the remaining acre?
Under Mr. Braun's argument, Judge Levy noted, "Any condemnation would pass the test so long as a school was put in, regardless of the detriments."

